By Jonathan Stempel

NEW YORK (Reuters) – A U.S. judge on Wednesday said former President Donald Trump cannot delay a lawsuit accusing him of defaming former Elle magazine columnist E. Jean Carroll after she claimed he raped her in the mid-1990s.

U.S. District Judge Lewis Kaplan, Manhattan, refused to place the case on hold while Trump appeals a previous ruling.

This order may allow Carroll to obtain materials and documents from Trump throughout the appeal. According to her lawyers, they want DNA samples from Trump.

Trump could renew his request because Kaplan’s refusal was not prejudicial. Trump also has the option to ask for a stay at the 2nd U.S. Circuit Court of Appeals, Manhattan can grant a stay.

Trump lawyers didn’t immediately reply to our requests for comment.

After Carroll claimed that he had raped him in midtown Manhattan’s Bergdorf Goodman department shop, Carroll filed a lawsuit against Trump. Trump claimed Carroll wasn’t his type and made up the story for a new book.

Kaplan turned down a request from Trump and the U.S. Department of Justice for the replacement of the government as defendant. This would have protected Trump from any liability, effectively ending Carroll’s case.

Trump’s appeal was basically adopted by the Biden administration, which stated that he had acted as President when Carroll denied his claims. Therefore, he could not be sued personally.

Oral arguments are set for the week of November 29.

Roberta Kaplan, Carroll’s attorney, stated that she looks forward to hearing the arguments and reviewing Judge’s orders.

The lawyer stated that Trump’s appeal will likely be denied and Trump cannot credibly claim that he suffered irreparable injury after he initiated the document discovery process.

Trump denied the claims made by several women that he committed sexual misconduct before he was elected to office.